Category: Auto Accident

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How To Navigate a Taxi Accident Claim

Taxi Accident Claim

Taxi drivers make their livelihoods behind the wheel. No matter if you are injured while a passenger or if you were hit by a taxi, be aware of this: Because they will want to preserve their livelihood, it is likely you will end up with a big fight on your hands. You can still make a taxi accident claim, but it may involve more steps and take longer than you anticipate.

Passenger Rights

Since you were not one of the drivers in a taxi accident, it’s very unlikely you would hold any liability for the accident. If there is a two-car accident, someone was negligent. The difficult part, sometimes, is figuring out whom. Your best bet is to file a third-party insurance claim or begin a personal injury lawsuit against both drivers and let the courts sort out who is liable, especially if it’s not obvious who is at fault or if both drivers have some liability.

Insurance companies don’t like to pay out, so they may negotiate with each other over who is paying what to whom, and that can take some time. Sometimes a settlement isn’t reached until the day of the trial, so be prepared to wait it out. Multiple bodily injury claims may be submitted by different people, and that may exceed the insurance coverage. They’ll ask you to settle for less. Be prepared by having an attorney.

Hit by a Taxi

If you are one of the drivers, the only way to win compensation is to prove you were not negligent and assess the damages. How badly was anyone hurt? Is there someone who is obviously liable? It’s important to obtain contact information from any witnesses and make a police report. Take photos of the accident scene and of the vehicle from multiple angles.

Don’t Get Stuck

Even if you weren’t at fault, the insurance web you will have to navigate can get tangled, complicated and sticky. Multiple claims between multiple insurance companies and making sure you use the proper forms is confusing. Not adhering to guidelines or inadvertently missing information can cause further delays. Insurance companies hope someone will give in and settle, in order to pay bills and get the situation behind them. Don’t get stuck in that web without an attorney.

Looking for Help

You don’t have to look far. Visit us at Maison Law Firm. We are personal injury specialists and have a dedicated team ready to fight for you. Get a free case evaluation and let us do the hard work for you.

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Handling a Limo Accident

Limo Accident

You made all of the plans and set up the whole experience, including a limo ride. You were expecting a fun time out without having to worry about transportation and accidents, but accidents do happen, even if you weren’t at the wheel. Limousine companies are classified as “common carriers,” which means they are held to a higher standard of care than a taxi, Uber or Lyft®. In California, it means they must be vigilant in their care, do all that can be reasonably done to avoid harm and use skill to provide safe transportation. So, what are your rights if you are in a limo accident?

California Safety Law Checklist

Limousine companies are required to follow strict operation regulations:

  1. Limo licensing – Must have a Charter-Party Carrier (TCP) license. To obtain this, detailed information about the vehicles’ specifications and capacities must be reported.
  2. Insurance – Full insurance is required. The minimum is determined by seating capacity and vehicle size.
  3. Driver requirements – All drivers must be licensed and comply with all codes and regulations locally, statewide and federally. They are limited as to how much time they can be behind the wheel.
  4. Modified limos – These have some additional criteria they must meet before being approved. They must have 2 or more points of exit, have 5 doors and an emergency exit, and they are subject to safety inspections every 13 months.

Who Is Liable?

Liability is the state of being responsible for something, so who you hold liable is largely determined by what happened. Anyone who contributed to the limo accident can be included in a law suit. Some examples of who may be responsible are limousine companies and drivers, state inspection agents and government agencies responsible for road maintenance and safety.

Safety First

Driving a limo is not as safe as a car, simply due to the design. To manufacture a limo, normal vehicles are cut in half and have welded plates to elongate the frame of the car. This makes the vehicle heavier, which may require upgraded brakes and suspension. A limo accident where it’s struck on the side is very dangerous, as that is the weakest area on the vehicle.

Help Is Close By

Maison Law Firm has a team of professionals waiting to help you. If you need someone to fight for you, call us at 559-203-3333, and get a free case evaluation.

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TBI Commonly Caused in an Auto Accident

TBI

Traumatic brain injury, or TBI, can be a common side effect of an auto accident. According to the Mayo Clinic, traumatic brain injuries can be mild, with temporary affects to the brain cells, or it can be more severe, with the potential for life-long complications or even death.

When brain injuries are sustained as a result of a car accident, the severity of the injury may not be immediately apparent. For this reason, it’s crucial to seek medical treatment immediately after a car accident, even if you suspect your injuries may not be severe.

How Does an Auto Accident Cause TBI?

While there are a variety of ways a car accident can cause traumatic brain injury, it’s important to note the Centers for Disease Control and Prevention (CDC) also cite vehicle collisions and automobile-related injuries as the third most-common cause of traumatic brain injury across all age groups.

This can occur when a driver or passenger’s head strikes the windshield in the aftermath of a collision, for instance, or when the driver’s head strikes the steering wheel. The force generated by a collision, especially at high speeds, can cause bleeding or bruising to the brain, concussion or other injuries of varying severity. Likewise, ejection from the vehicle after an accident can expose passengers and drivers alike to a high risk for brain injury. For pedestrians struck by vehicles, there are even more ways to sustain a TBI.

Seeking Treatment for Suspected TBI

It’s best to seek immediate medical treatment after any accident, but it’s especially vital if you’re concerned about trauma to the face and head. If you exhibit any of these symptoms, evaluation by a doctor is imperative:

  • Loss of coordination or difficulty balancing
  • Headache
  • Nausea
  • Slowed response time, difficulty thinking or confusion
  • Uneven or dilated pupils
  • Sensitivity to light or sound
  • Numbness in the extremities
  • Seizures
  • Loss of consciousness
  • Agitation or personality changes
  • Clear fluid draining from the ears or nose

What to Do After Sustaining a Traumatic Brain Injury in an Auto Accident

Obtaining prompt treatment after a serious head injury can save your life – but it can also be expensive. No one expects to be involved in a car accident, or to find themselves with a potentially severe injury and the resulting hospital bills to show for the experience.

When you’re dealing with the justifiably frightening experience of a TBI, you need legal support from an experienced and knowledgeable attorney. Martin Gasparian at the Maison Law Firm may be able to help you maintain your quality of life while accessing the care you need through a difficult time. If you’ve been injured in an auto accident, contact us today to find the support you need to fight for your rights as an injured party.

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Auto Accidents in Fog: Who’s Responsible?

Car Accident

 

When an accident occurs during bad weather, it is often said the weather caused the accident. In the vast majority of cases, this is a completely misleading claim which attributes action to a weather condition, such as rain or fog. The reality is, except in those rare occasions known as “acts of God,” weather is not considered a cause in an auto accident.

An “act of God” carries legal weight and is rarely employed due to the largely unforeseeable nature of such events. An accident in fog does not meet the required criteria, as it is a foreseeable event in which motorists choose to drive. While foggy conditions may make driving conditions hazardous, it is the actions of the one or more drivers that are the usually the cause of an auto accident.

If you are driving in the fog and get into an accident it is important to determine who is liable. You may have a case for claiming compensation from the other driver if it is established he was liable in causing the auto accident.

Driving in Fog

As with any hazardous road condition, there are additional expectations of motorists when it comes to driving safely. Cars are even designed with fog lights to help motorists see each other in the fog. The most important safety measure, however, is slowing down to account for limited visibility. If you see a car in front of you at the last minute, and are driving at a reasonable speed for the conditions, you will most likely have time to stop.

When another driver collides with your vehicle in the fog, the question of liability will still apply. Was the other driver going too fast to account for limited visibility? Did the driver have low-beam headlights and window-wipers on in order to better see other vehicles? The answers to these questions, and any others which are relevant to the circumstances of the auto accident, will help establish liability.

There is no exact speed dictated for driving in foggy conditions. Each driver is expected to exercise due caution and react to adverse driving conditions accordingly. If, for instance, fog begins to become so thick it is impossible to see the road ahead or other vehicles, it is the responsibility of the driver to get off the road. If a driver continues to driver in conditions with zero visibility and subsequently collides with another vehicle, that driver is responsible for causing the auto accident.

Fog Accident Attorney California

Maison Law can represent you if you have been involved in an auto accident in the fog, which was caused by another party. We have extensive understanding of applicable California laws and can help you fight for the compensation you deserve in your case.

Martin Gasparian started Maison Law after a long career with Los Angeles’ oldest law firm. He brings the experience of a big firm lawyer down to a local level. Call Maison Law today if you want representation with compassion and integrity.

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Car Accident Protocol: Finding an Attorney

Car Accident

When you have had a car accident and the dust settles, it is only then that you will begin to count the cost. It could be your car is a write-off, you are suffering from potentially life-impacting injuries, or your personal relationships are suffering as a result of your accident. Whatever the case, few people ever walk away from a car accident completely unscathed.

Things can move fast after a car accident and before you know it, you are trying to deal with vehicle repairs, attend treatment appointments, discussing returning to work, and receiving constant phone calls from the other party’s insurance company. It can all become too much and you may need to hire a car accident attorney in California to help you deal with the fallout.

Finding an Attorney

There is no shortage of attorneys who take on personal injury claims in California. However, not all personal injury attorneys have experience in car accident claims. Finding an attorney who matches your needs is the real challenge and there are a number of positive qualities you should look for in your search.

Avoid attorneys who promise you will receive a specific cash amount as part of a settlement. There is no way for any attorney to guarantee a win in your case, regardless of who was at-fault for the car accident. Choose an attorney who takes an honest approach about the merits of your case during consultation. You will also want an attorney who promotes clear and open communication, as this is often vital in ensuring you both have all the information needed throughout the case.

Experience & Expertise

While the strength of your case is the most important factor in whether you receive compensation or not, you will also need a lawyer with the experience and expertise to pursue a car accident lawsuit. Make sure to perform a background check on your lawyer, much like you would if you were hiring a nanny to look after children. You trust a lawyer to represent your best interests in the case, so it is important to know he or she has experience in relevant areas of the law.

Most personal injury lawyers provide a consultation prior to representation. Take the time to interview each lawyer until you find a candidate you feel you can trust to take the fight as far as court, if a settlement cannot be reached through negotiation.

Maison Law

Martin Gasparian of Maison Law has built a firm that is dedicated to helping victims of injury to win fair compensation for injuries resulting from an accident. We work with experts in specialist fields to give clients the best chance of winning. If you feel like you don’t have a voice and need representation with understanding and compassion, Maison Law would like to hear from you in California.

Reach out to Maison Law today to avail of a professional consultation. We look forward to assessing your case and helping you develop a strategy to win.

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Car Accident Protocol: Getting the Right Medical Help

Car Accident

In the immediate time after a car accident, it can be easy to convince yourself you haven’t incurred any injuries. When adrenaline kicks in, it is possible to walk around with broken bones or internal injuries without feeling a thing; which is why seeking medical attention is so important.

One of the most common types of injury that goes unreported is traumatic brain injury (TBI). Considering TBIs are the cause of most deaths related to car accidents, risking an undetected injury may prove potentially fatal. Other injuries resulting from a car accident may be degenerative in nature, meaning they get progressively worse over time.

Seeking Medical Attention

If you have been involved in any car accident, it is important to think about the collision and any injuries that may have resulted. If you hit your head during the car accident or were thrown forward violently, you should seek treatment at the hospital. Avoid downplaying the seriousness of the accident and make sure to provide doctors with an accurate account of exactly what happened.

Pain and discomfort are not the only measure of injury. A doctor can assess your needs based on the events of the accident and determine whether further tests are needed to rule out injuries, such as broken bones or TBIs. If injuries are not discovered, you will not receive timely and appropriate treatment, which could result in severe disability or death, if the injury is severe.

Appropriate Medical Treatment

Once it has been established that you have suffered from one or more injuries resulting from a car accident, you will need to seek medical treatment. Most treatments are covered by insurance, so long as they are considered appropriate and necessary. If you wish to seek therapies which you believe will help alleviate symptoms or provide pain relief, check with your insurance company to make sure the treatment is covered.

If you have suffered serious injury in a car accident, the road to recovery may be long and difficult. Interpersonal and familial relationships can suffer when a patient is going through treatment. You may therefore wish to seek support for the emotional and psychological impacts of an accident. Looking after your mental wellbeing may just give you the strength to get through any treatments you may need.

When choosing treatment providers, it is also important to opt for a doctor or therapist who keeps up-to-date and accurate medical records. The success of your treatment may depend on it and those records can be used to support any future personal injury claim.

Personal Injury Claim in California

If you are considering filing a personal injury claim in California you can rely on the services of Maison Law. We have an experienced legal team and offer excellence in consultation. Call the offices of Maison Law today if you have suffered injuries or damages after a car accident that wasn’t your fault. A successful claim will cover the cost of medical bills and other losses resulting from your car accident.

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Car Accident Protocol: Insurance Call 101

Car Accident

Dealing with insurance companies can become tricky territory, especially after an accident involving another vehicle. If you have been in a car accident it helps to understand the process and how you should or should not communicate with insurance companies.

Your Insurance Company

You should always contact your own insurance provider if you have been involved in a serious car accident. When you speak to the insurance company, it is important to find out about any benefits that are available on your policy. Regardless of whether you intend to pursue compensation through an at-fault driver’s insurance, you may need to take advantage of those benefits.

In many instances, at-fault driver’s insurance company will dispute fault, which means you may need your insurance to authorize any repairs at the workshop. You can also ask the insurance company if they can supply a rental car while repairs are carried out on your vehicle or a replacement is organized in the event of a write-off. There are numerous other reasons why you may need to contact your insurance company depending on the nature of the accident and the other party’s coverage status.

Other Driver’s Insurance Company

You are not legally obligated to speak to the other driver’s insurance company. Although there are instances where such communication may benefit you, such as when the other driver is at-fault and has not informed the insurance company. It is impossible to receive a settlement from the insurance company of they are not aware of the circumstances surrounding the car accident and, specifically, who was at-fault.

If you are intending on pursuing a personal injury claim, however, it may hurt your case if you speak to an insurance agent. It is especially important you avoid speaking to the other insurance company if you have hired a California car accident lawyer to represent your interests. Any correspondence with the other insurance company should go through the law firm, as they have the experience necessary to negotiate a settlement or, as is sometimes the case, pursue the matter in court.

Consult with a Car Accident Attorney

Every case is different, so it is better to err on the side of caution and consult with a car accident attorney before speaking to the other insurance company. Examples that you find online or hear from friends and family may not reflect your situation and should not be taken as legal advice. A car accident attorney can assess your case on its specific merits and provide professional legal consultation.

The average person does not possess the knowledge or experience necessary to negotiate effectively with an insurance company that is representing the interests of another party. You can take a large amount of the stress off your shoulders by hiring a car accident attorney.

For a professional consultation with an experienced California car accident lawyer, reach out to the offices of Maison Law today. We can provide advice, guidance, and representation to help you navigate the complexities of dealing with insurance companies after a car accident.

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Car Accident Protocol: Immediately After the Crash

car accident

When you have just been involved in a car accident in California, it can prove difficult to keep a level head. Once shock kicks in, it is entirely possible for injured parties in a car accident to do and say things that may damage their chances of pursuing compensation for damages or end up inadvertently accepting liability for the accident.

There are a number of things you should do after a car accident to protect your own interests, while also ensuring other parties involved in the accident are safe and receive any necessary medical treatment.

After a Car Accident

After a car accident, you should check for injuries and check to see if other parties need medical assistance. If your vehicle is still operable, move the car off the road and onto the shoulder or to another location that is a safe distance from the road. You should also avoid remaining on the road if there is a location which provides safe distance from potential traffic.

If necessary, call emergency services to report the accident and request medical assistance. Car accidents on major roadways present a considerable risk of further injuries or even fatalities due to the initial vehicles being left in fast moving traffic.

Evidence from the Scene

If it is safe to do so, speak to witnesses and gather contact details. You can also request a copy of the police report if an officer is requested at the scene. There are details you can record at the scene which can help to establish who was liable for a car accident. Take photos of car tracks, the position of each vehicle, and the weather conditions at the time the accident. Do not share any of the information you gather with parties other than a car accident lawyer hired to represent you in a personal injury case.

If you do decide to hire a personal injury lawyer to represent you in a car accident case, he or she can help you sort through and interpret evidence. Maison Law provides a free initial consultation which will give you the opportunity to discuss any potential lawsuits.

Medical Evidence

It is not uncommon for those who have been involved in a car accident to have delayed reactions to injuries. Seek a medical examination if you suspect you may have suffered injury as the result of a car accident. It is important to receive treatment and document medical evidence for your case. You can turn to doctor and hospital records for most medical evidence. However, do not forget to keep receipts for any out of pocket costs, such as over the counter medications, or therapies not covered by insurance.

Seek Legal Representation in California

It is important to count the costs when you have been involved in a car accident in California. You may have to content with medical bills, costs associated with repairing damaged property, lost wages (present and future), and loss of promotion. Reach out to Maison Law to represent you if you wish to pursue compensation for your injuries and damages.

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What To Do After a Vehicle Accident

Vehicle Accident

It is hard to think straight after a vehicle accident. There is so much going on, from attending hospital or clinic appointments to dealing with insurance companies. It is too easy to get caught up in all the turmoil – and don’t forget, once all is said and done, there will be bills to pay. There are things you can do after a vehicle accident to protect your interests. Whether that means reacting at the scene or acting upon reflection, the most important thing is you act in time.

At the Scene

The first thing you should do at the scene of a vehicle accident is check the well-being of those involved, as long as it is safe to do so. If there are serious injuries, be sure to call emergency services before attempting to move operable vehicles off the road. Speak to witnesses, but do not admit to fault or claim you are uninjured. Such statements may compromise any future claim for compensation.

Ask for contact and insurance information from drivers and passengers – anyone involved in the vehicle accident. Speak to any witnesses about what they saw and ask for contact details. If police are needed on the scene, make sure to ask the responding officer if you may receive a copy of the incident report and how to obtain one.

Gather Evidence

Take photographs of the scene, including any debris, skid marks and damage to your vehicle. You will want to include photographs that show the relevant positions of vehicles to the road, as well as showing the weather conditions at the time of the vehicle accident. It may also prove beneficial to take pictures of any other details that appear relevant, while you still have the opportunity. A vehicle accident attorney can help determine at a later date what does and doesn’t constitute evidence.

Seek Medical Care

After the vehicle accident has played out at the scene, seek medical treatment if needed. It is important not to downplay pain or discomfort after a vehicle accident, as adrenalin may play a part in you feeling relatively unscathed. This will provide you with not only the opportunity to have any injuries treated but will act as recorded evidence to support a claim for personal injury should you decide to pursue compensation.

Contact a Personal Injury Lawyer

A personal injury lawyer can help you seek compensation for injuries and damages resulting from a vehicle accident. It is important to choose a personal injury lawyer who understands the pain and suffering you have experienced due to your injuries. Maison Law is a firm that has national knowledge and local experience, here in California. Established by Martin Gasparian, Maison Law is proud to provide all clients, with free consultation in our office or at their homes or hospital bedsides.

Call our offices to learn more about what representation from Maison Law could mean for you in a vehicle accident case. Feel free to reach out at 559-203-3333 at your earliest convenience.